As the litigation to remove fraudulent ballots from the final tally of the 2020 presidential
election continues in federal and state courts, Republican Rep. Mo Brooks (AL-5) has announced he will employ a direct constitutional remedy to purge the election of tainted votes.
When Congress gathers to count the electoral votes on Jan. 6, Rep. Brooks, will object to the slate of presidential electors from multiple states, with the support of a single senator, Brooks could disrupt the certification of the election by forcing both the House and Senate to debate and vote on the challenge.
Under federal law, a member of the House or Senate can contest the Electoral College results from any state, forcing the House and Senate to separate for up to two hours of debate and vote on whether to accept a slate of electors. A majority of both chambers would have to support the motion to successfully challenge a given slate of electors, according to a Congressional Research Service reported by ABC News.
"If the vote count was limited only to lawful votes cast by eligible American citizens, then Donald Trump won a majority of the Electoral College votes and was reelected to a second term," Brooks said in an interview.
"It's Congress' responsibility to render the final verdict on all federal election contests, not the Supreme Court or any inferior court," Brooks told ABC.
ABC News also reported that, while no Republican senators have publicly backed the effort from some House Republicans, few have ruled it out.
"I think we need to wait for the pending litigation to be concluded," said Sen. Ted Cruz, R-Texas, who competed against Trump in the 2016 Republican primary, adding that he believes the litigation will wrap up "expeditiously."
In an appearance on CSPAN Rep. Brooks explained the process this way:
Underneath the constitution, the United States Congress is the final arbiter of all election contests involving federal officials whether it be Congress, Senators, or the President. There is a process by which we do that and that is initiated on January 6, when we have a roll call of the states -- on January 6 when we have a roll call of the states. At the appropriate time when a state's name is listed and they submit reported election results, if a house member and senator concur and be -- and we object to that vote, that triggers a floor debate in the house and senate and a vote in the house and senate on whether to accept or reject those returns.
Rep. Brooks identified Pennsylvania, Georgia, Nevada, Wisconsin and maybe Arizona as states where the vote was so tainted by fraud Congress should intervene.
When asked why he was launching this rare, but not unprecedented challenge Rep. Brooks told the CSPAN audience:
I can either surrender or fight to protect the integrity of our system. I'm choosing to fight. In my judgment, we have flaws with our election system that have resulted in millions of votes being cast in voter fraud… It is my teaching to protect our Republic and the underlying condition of any Republic is the right to vote and to have that vote accurately counted. Which only count lawful votes cast by eligible citizens and nobody else. That is clearly not happening in the United States [today].
We agree with Rep. Brooks’ interpretation of the role Congress has as the final arbiter of all challenges to the seating of a state’s Electors and the counting of their votes, but for Rep. Brooks’ challenge to succeed two things must happen:
First, Trump Electors must meet in their respective states, at the appointed time and place, and cast their ballots for President Trump. That means Trump Electors in tainted states, such as Pennsylvania, Georgia, Nevada, Wisconsin, Arizona and Michigan must go to their respective state houses or other official Elector meeting venue, meet and cast their votes – even if the authorities try to dissuade or bar them from the meeting room itself, they have to show up and make the challenge.
Second, we constitutional conservatives must find a Senator with the same level of principled commitment to follow the Constitution that Rep. Mo Brooks is displaying. That means conservatives must call, email and visit their Republican Senators to demand that they object to the same slates of Electors to which Rep. Brooks objects.
Call the toll-free Capitol Switchboard (1-866-220-0044), tell Republican Senators to object to the same slate of Electors that Rep. Mo Brooks objects to including but not limited to; Pennsylvania, Georgia, Nevada, Wisconsin, Arizona and Michigan.
slate of electors